HOUSE BILL NO. 2902 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MAYHEW.
6183H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 570 and 589, RSMo, by adding thereto seven new sections relating to automobile theft, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 570 and 589, RSMo, are amended by adding thereto seven new 2 sections, to be known as sections 570.097, 589.220, 589.222, 589.224, 589.225, 589.226, and 3 589.227, to read as follows: 570.097. 1. As used in this section, the following terms mean: 2 (1) "Motor vehicle key programming or emulating device", any device, 3 computer program, application, or software designed or used to electronically 4 communicate with a motor vehicle for the purpose of programming or emulating a 5 motor vehicle key fob that is capable of being used to unlock or start the motor vehicle; 6 (2) "Relay attack device", any device, computer program, application, or 7 software designed or used to intercept the signal from the key fob of a motor vehicle to 8 unlock or start the motor vehicle. 9 2. Except as provided in subsection 3 of this section, no person shall knowingly 10 manufacture, sell, offer to sell, transfer, or possess a motor vehicle key programming or 11 emulating device or a relay attack device, or aid or permit another to use a motor 12 vehicle key programming or emulating device or relay attack device. 13 3. This section shall not apply to the manufacturing, sale, offering to sell, 14 transfer, possession, or use of a motor vehicle key programming or emulating device or 15 relay attack device for a lawful and reasonable purpose by or to: 16 (1) A law enforcement officer;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2902 2
17 (2) An employee of the National Insurance Crime Bureau; or 18 (3) An employee of any licensed dealer, distributor, or manufacturer of motor 19 vehicles or motor vehicle locks; motor vehicle mechanic shop; locksmith company; or 20 repossession agency. 21 4. Any person authorized to possess a motor vehicle key programming or 22 emulating device or relay attack device shall report a lost or stolen device within forty- 23 eight hours of becoming aware the device was lost or stolen to a law enforcement agency 24 within the jurisdiction in which the device is known or thought to be lost or stolen. 25 5. Any person convicted of a violation of subsection 2 of this section shall be 26 guilty of a class D felony. 27 6. Any person who fails to report a lost or stolen device as required under 28 subsection 4 of this section shall be guilty of a class A misdemeanor. 29 7. The provisions of this section are severable. If any section or provision of this 30 section is declared invalid or unconstitutional, the remainder of this section shall remain 31 in force. 589.220. Sections 589.220 to 589.226 shall be known and may be cited as the 2 "Motor Vehicle Theft Prevention Commission Act". 589.222. 1. There is hereby created within the department of public safety the 2 "Motor Vehicle Theft Prevention Program". Under the program, law enforcement 3 agencies or other qualified applicants may apply for grants to assist in improving and 4 supporting motor vehicle theft prevention programs or programs for the enforcement of 5 prosecution of motor vehicle theft crimes through statewide planning and coordination. 6 2. Matters relating to the supervision, authority, and control over the motor 7 vehicle theft prevention program shall be at the discretion of the "Motor Vehicle Theft 8 Prevention Commission", which is hereby established. Any allocation of moneys by the 9 commission under sections 589.220 to 589.227, including grants awarded under section 10 589.224, shall receive approval from the director of the department of public safety 11 prior to any such allocation. 12 3. The commission shall consist of twelve members, composed of the following: 13 (1) The superintendent of the Missouri state highway patrol or his or her 14 designee; 15 (2) The director of the department of commerce and insurance or his or her 16 designee; 17 (3) The director of the department of revenue or his or her designee; 18 (4) The attorney general or his or her designee; 19 (5) The following persons, appointed by the governor: 20 (a) A county sheriff; HB 2902 3
21 (b) A municipal police chief; 22 (c) A county prosecuting attorney; 23 (d) A representative from a motor vehicle manufacturer doing business in 24Missouri; 25 (e) A representative from an insurance company authorized to issue motor 26vehicle coverage in Missouri; 27 (f) A representative from the motor vehicle rental industry; 28 (g) A licensed new or used motor vehicle dealer; and 29 (h) A representative from the National Insurance Crime Bureau. 30 4. The commission shall elect annually from its membership a chair and a vice 31chair. A quorum shall consist of a majority of appointed members, but not less than 32seven members, and may be met by electronic attendance. 33 5. The term of office for each member of the commission who is appointed by the 34governor shall be four years, except that of the initial appointments, three members 35shall be appointed for a term of two years and four members shall be appointed for a 36term of four years. Any member appointed by the governor may be removed from 37office by the governor without cause. Before the expiration of the term of a member 38appointed by the governor, the governor shall appoint a successor whose term begins on 39July first next following. A member is eligible for reappointment. If there is a vacancy 40for any cause, the governor shall make an appointment to become effective immediately 41for the unexpired term. 42 6. (1) The state highway patrol shall provide to the commission all 43administration, management, and organization of the commission's activities and 44grant programs. Subject to available moneys, the commission may appoint a director, 45who may employ such staff as may be necessary to operate and administer the program. 46 (2) No more than eight percent of the moneys in the fund created under section 47589.226 shall be used for operational or administrative expenses of the program. 48 (3) The FTE authorization for any staff necessary to support the program shall 49be eliminated if sufficient moneys from gifts, grants, or donations are no longer 50available for the program. 51 7. Members of the commission shall serve without compensation, except that 52they shall be reimbursed for their reasonable and necessary expenses incurred in the 53performance of their duties. 589.224. 1. The commission shall: 2 (1) Establish a grant program for the provision of funds to local law enforcement 3 agencies and multi-jurisdiction task forces for the following: HB 2902 4
4 (a) Prevention, reduction, and investigation of motor vehicle and motor vehicle 5 parts theft; 6 (b) Prevention, reduction, and investigation of motor vehicle-related crime; 7 (c) Establishment of multi-jurisdiction task forces upon request of local law 8 enforcement agencies; 9 (d) Investigation of fraud related to motor vehicle insurance, motor vehicle 10 dealer purchases, and motor vehicle rental transactions, and other forms of financial 11 fraud relating to motor vehicles; 12 (e) Hiring of personnel by local law enforcement agencies for the purpose of 13 preventing, reducing, and investigating motor vehicle-related crime; 14 (f) Purchase of equipment and technology for support in motor vehicle-related 15 crime prevention, reduction, and investigation; 16 (g) Provision of training to local law enforcement agencies and multi-jurisdiction 17 task forces relative to motor vehicle-related crime prevention, reduction, and 18 investigation; and 19 (h) Production of public awareness materials and programs relating to motor 20 vehicle-related crime prevention. 21 (2) Promote statewide planning and coordination of the investigation and 22 prosecution of crimes relating to motor vehicle and motor vehicle parts theft; 23 (3) Provide support to local prosecutors handling motor vehicle and motor 24 vehicle parts theft-related prosecutions; and 25 (4) Provide support to multi-jurisdiction task forces established by local law 26 enforcement agencies for the purpose of preventing, reducing, and investigating motor 27 vehicle-related crime. 28 2. The commission shall solicit and review applications for grants under this 29 section. The commission may award grants for one to three years. The commission 30 shall give priority to applications representing multijurisdictional programs. Each 31 grant application, at a minimum, shall describe the type of motor vehicle-related crime 32 prevention, reduction, investigation, enforcement, prosecution, or offender 33 rehabilitation program to be implemented. Such programs may include, but shall 34 not be limited to: 35 (1) Multi-jurisdiction task forces and programs utilizing the National Insurance 36 Crime Bureau task force that reduce motor vehicle-related crime and increase the 37 apprehension of motor vehicle and motor vehicle parts thieves and persons who attempt 38 to defraud insurance companies; HB 2902 5
39 (2) Motor vehicle-related crime prevention efforts, activities, and public 40 awareness campaigns intended to reduce victimization by motor vehicle-related crime 41 and fraud; 42 (3) The provision of specialized training for motor vehicle-related crime 43 investigation personnel including, but not limited to, law enforcement personnel, local 44 motor vehicle registration agents and title clerks, and port facility employees, in order to 45 enhance knowledge, skills, procedures, and systems to detect, prevent, and combat 46 motor vehicle-related crime and fraud; 47 (4) The provision of support and maintenance by one or more dedicated 48 prosecutors who have the specific mission and expertise to provide legal guidance and 49 prosecutorial continuity to complex criminal cases arising from the activities of a multi- 50 jurisdiction task force; and 51 (5) The prevention of future criminal behavior by first-time offenders who have 52 been charged, convicted, or adjudicated for a motor vehicle-related crime. 53 3. Subject to available moneys, the commission shall approve grants under this 54 section. To the extent possible, grants awarded under this section shall be awarded to 55 local law enforcement agencies, multi-jurisdiction task forces, or other qualified 56 applicants in a variety of geographic areas of the state. The ability to contribute 57 additional moneys or match funding for a program shall not be required as a condition 58 of receipt of a grant under this section. 589.225. 1. The executive director of the department of public safety shall 2 promulgate rules for the administration of sections 589.220 to 589.227, including, but 3 not limited to: 4 (1) Requirements for an entity other than a law enforcement agency to be a 5 qualified applicant; 6 (2) Application procedures by which law enforcement agencies or other qualified 7 applicants may apply for grants pursuant to the grant program established under 8 section 589.224; 9 (3) The criteria for selecting those agencies or other qualified applicants that 10 shall receive grants, and the criteria for determining the amount to be granted to the 11 selected agencies or applicants, and the duration of the grants; and 12 (4) Procedures for reviewing the success of the programs that receive grants. 13 2. On or before December 1, 2027, any law enforcement agency or other 14 qualified applicant that receives a grant pursuant to section 589.224 shall submit a 15 report to the commission concerning the implementation of the program funded 16 through the grant. HB 2902 6
17 3. On or before February 1, 2028, the commission shall report to the judiciary 18 committees of the senate and the house of representatives on the implementation of the 19 programs receiving grants pursuant to this section. The report shall include, but shall 20 not be limited to: 21 (1) The number and geographic jurisdiction of law enforcement agencies or 22 other qualified applicants that received grants under this section and the amount and 23 duration of the grants; 24 (2) The effect that the programs that received grants had on the number of 25 motor vehicle thefts in those areas of the state; 26 (3) Recommendations for legislative changes to assist in the prevention, 27 enforcement, and prosecution of motor vehicle-theft-related criminal activities; and 28 (4) Recommendations for changes in state programs, policies, budgets, and 29 standards relating to improving and supporting the motor-vehicle-related crime 30 prevention initiatives of local law enforcement agencies and multijurisdictional task 31 forces. 589.226. 1. There is hereby created in the state treasury the "Motor Vehicle 2 Theft Prevention Commission Revolving Fund", which shall consist of moneys 3 appropriated to it by the general assembly. 4 2. The commission may accept and use federal funds granted by Congress or by 5 Executive Order, as well as gifts and donations from individuals, private organizations, 6 or foundations. The acceptance and use of federal funds shall not require state 7 matching funds nor shall such acceptance place an obligation on the general assembly to 8 continue the purposes for which the federal funds are made available. 9 3. The state treasurer shall be custodian of the fund. In accordance with sections 10 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a 11 dedicated fund and, upon appropriation, moneys in this fund shall be used solely as 12 provided in sections 589.220 to 589.226. Notwithstanding the provisions of section 13 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium 14 shall not revert to the credit of the general revenue fund. The state treasurer shall invest 15 moneys in the fund in the same manner as other funds are invested. Any interest and 16 moneys earned on such investments shall be credited to the fund. 589.227. Pursuant to section 23.253 of the Missouri sunset act: 2 (1) The program authorized pursuant to sections 589.220 to 589.227 shall 3 automatically sunset six years after the effective date of sections 589.220 to 589.227 4 unless reauthorized by an act of the general assembly; HB 2902 7
5 (2) Sections 589.220 to 589.227 shall terminate on September first of the 6 calendar year immediately following the calendar year in which the program authorized 7 pursuant to sections 589.220 to 589.227 is sunset; and 8 (3) The provisions of this subsection shall not be construed to impair or impede 9 the state's fulfillment of any obligations, including the authorization, issuance, or 10 redemption of tax credits, incurred pursuant to sections 589.220 to 589.227 prior to the 11 date the program authorized pursuant to sections 589.220 to 589.227 is sunset. ✔
Statutes affected: